Sentences with phrase «challenged in a court action»

Any member whose disclosed transaction fee is challenged in a court action should contact NAR Legal Affairs at 312/329 -8270.

Not exact matches

If today's action withstands an expected court challenge, it virtually assures the ousting of Dauman in a matter of weeks.

A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.

They have vowed to challenge any potential Obama executive action in court.

After President Trump took office in 2017, the challenge in Judge Hanen's court had not yet reached a final legal conclusion because there had never been a full - scale trial on the legality of the November 2014 actions by President Obama.

In addition to direct protest action, tribal councils are considering court challenges to defend their treaty rights and access to clean water.

But there was no resolution for Dreamers, the young immigrants who have been living in the United States illegally since childhood, but whose deportation protections are being challenged in court after Trump tried to end the Deferred Action for Childhood Arrivals program, or DACA.

Several lawsuits were filed challenging the government's right to create a private right of action, including one in Minnesota court filed by Thrivent Financial.

After his highhanded action in clearing the traders out of the temple court, we are told, Jesus was directly challenged with the question, «By what authority are you acting like this?

Amnesty noted that when organizations have challenged the Indian government on its actions under FCRA, «the courts have generally ruled in their favor.»

«As well as challenging this in court, the unions are mounting the widest, most co-ordinated industrial action we have seen in our lifetimes, to force the government to think again and show how out of touch millionaire ministers are with the lives and concerns of the rest of us.»

If the federal government takes any action based on the executive order, de Blasio said the city would challenge the White House in court «the next hour.»

Whereas some NDC members in constituencies «boiling» since the primaries are in court challenging their outcome, others are said to have decided not to take any action but will remain noncommittal or possibly, vote against the party's elected parliamentary candidates in the November 7 elections.

Even as the anti-frackers gather in Albany this week for another celebration, uncertainty remains about whether the Cuomo administration's planned drilling ban will be challenged in court, or perhaps undermined through legislative action in Congress.

«The NYS Election Commissioner's Association continues to impress the importance of moving the Federal primary date far enough in advance of the November General Election to ensure that no challenges and court actions threaten the timely mailing of overseas ballots,» the commisioners write in the letter dated Monday.

New York state's highest court adopted Delaware's defendant - friendly standard for shareholder suits challenging controlling - party buyout deals, saying in actions targeting go - private mergers, courts should apply the business judgement rule as long as certain shareholder protections are met.

A spokesman for the Assembly Democrats, who are in power in that house, also says the legal fees went to redistricting related court action, as well as for the Assembly's legal challenges against Cuomo's Moreland Commission's efforts to look at outside income from legislators.

Senate Minority Leader Chuck Schumer, D - N.Y., agreed with Schneiderman, saying that even though the action will be challenged in court, there will be an immedicate effect «because insurance companies will be afraid, raise premiums, and pull out.

But in her motion challenging the EFCC's ex parte application, Mrs. Jonathan, through her lawyers, argued that the EFCC's «Ex parte Originating Summons» was not one of the modes of commencement of action under Order 3, Rule 1 of the Federal High Court (Civil Procedure Rules) 2009, and that it was not known or provided for by any law or rules of cCourt (Civil Procedure Rules) 2009, and that it was not known or provided for by any law or rules of courtcourt.

The ruling came three days after Mr. de Blasio, in his State of the City speech, predicted a court victory on the issue, and criticized what he called the «landlord lobby» for being behind the legal action and a separate court challenge to a rent freeze approved by the Rent Guidelines Board.

The state district attorneys association had criticized and internally debated the constitutionality of Cuomo's 2015 order, but voted last year not to file a motion in support of a court petition s filed by Rensselaer County District Attorney Joel E. Abelove challenging Cuomo's action.

This sad action maintains a 20 - year record of that Court's refusal to accept any case brought to it by a minor party or an independent candidate (not counting a 1997 case in which a Georgia Libertarian candidate challenged Georgia's law requiring candidates for state office to take a drug test).

In 2010, when there were lengthy ballot challenges after the election, Cuomo urged the state's chief judge to expedite court action in order to have the races decided by the end of the yeaIn 2010, when there were lengthy ballot challenges after the election, Cuomo urged the state's chief judge to expedite court action in order to have the races decided by the end of the yeain order to have the races decided by the end of the year.

Changing antitrust laws to allow for more flexibility will likely require legislative action, given companies» limited ability to challenge them in court.

His testimony and the demonstration that forged cards can fool cash dispensers will undermine the banks» defence in an impending court action in which hundreds of customers who say they are victims of phantom withdrawals will challenge the banks» position.

School Discipline in Court Until the late 1960s, parents and students rarely challenged the disciplinary actions of school authorities, viewing common schools as providing instruction, instilling virtue, and fostering the ideals of our nation.

After the Supreme Court upheld some forms of race - conscious affirmative action in 2003, UT - Austin quickly reinstated racial preferences in admissions, triggering a challenge that led to the Supreme Court's most recent affirmative - action case.

Similarly, in Eric V. v. Causby (1997), a federal district court in North Carolina rejected a preliminary injunction in a class action challenge based on both federal constitutional and statutory grounds.

On October 12, the class action suit, Vincent vs. Voight, challenging the constitutionality of Wisconsin's school finance system, is filed in Dane County Circuit Court.

Thus far it hasn't demonstrated to the court that it has standing — sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

Unions have challenged parent choice in the courts, including a lawsuit against vouchers in Florida, a successful action against charter schools in Washington, and a new civil rights lawsuit against charter schools.

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Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

Here, the action takes place in family court, where a successful judge faces personal challenges as well as a complicated case that pits faith against medicine.

More importantly, perhaps, the caveat is also a sure harbinger of legal action — a promise that, should the DEA choose to deny, or simply ignore, the permit application of an otherwise qualified North Dakota farmer, the agency is sure to see challenged in federal court its attempts to quash the inclusion of industrial hemp in regular crop rotation.

The school's Faculty Senate Executive Council said Cuccinelli's action «directly threatens academic freedom,» and faculty members have urged the school's Board of Visitors to challenge the attorney general's action in court.

«Obama pushed the envelope on agency and executive actions that then got challenged in court,» says Ilya Shapiro, a senior fellow in constitutional studies at the Cato Institute in Washington, D.C.

We have acted in a significant number of the largest and most complex class actions in recent years and have expert understanding of the relevant court rules in different jurisdictions and the basis on which class actions claims can be challenged.

defeating an investor action in the Delaware Court of Chancery and on appeal before the Delaware Supreme Court that challenged Kinder Morgan's consolidation of three publicly traded subsidiaries, including two master limited partnerships, into Kinder Morgan Inc..

In the Sturmer case, a case challenging a local option by - law, the court upheld Chancellor Boyd's order for costs against non-parties who were found to have put up «a man of straw» in whose name the litigation would be carried on so as to avoid anticipated liability for costs upon dismissal of the actioIn the Sturmer case, a case challenging a local option by - law, the court upheld Chancellor Boyd's order for costs against non-parties who were found to have put up «a man of straw» in whose name the litigation would be carried on so as to avoid anticipated liability for costs upon dismissal of the actioin whose name the litigation would be carried on so as to avoid anticipated liability for costs upon dismissal of the action.

Representing General Electric Co., GE Capital, and its former directors in a fiduciary duty class action brought in the Delaware Court of Chancery by a former GE Capital preferred stockholder, challenging GE's merger with GE Capital.

His impressive tally of arguments before the Supreme Court is supported by a strong presence in wider appellate courts, with experience in cases concerning affirmative action policies, environmental disputes and wider constitutional and regulatory challenges.

Vancouver, BC [September 13, 2016]-- Two individuals and the Council of Canadians with Disabilities filed a legal action in the BC Supreme Court today to challenge a BC law that forces psychiatric treatment on people without their consent.

The Supreme Court will revisit affirmative action in Fisher v. University of Texas, address whether dog - sniffing is considered a search in Florida v. Harris (11 - 817), and whether Amnesty International has standing to challenge section 1881a of the Foreign Intelligence Surveillance Act (FICA) in Clapper v. Amnesty International USA (09 - 4112).

The suit, filed Tuesday in federal court in Brownsville, Texas, challenges the Deferred Action for Childhood Arrivals program (DACA), created by Obama in 2012.

In a previous Slaw post, we examined one of the cases; the case of Nadia Eweida, a former British Airways (BA) worker, who challenged her employer through the British courts after facing a disciplinary action of unpaid suspension from work in 2006 for refusing to take off her cross necklacIn a previous Slaw post, we examined one of the cases; the case of Nadia Eweida, a former British Airways (BA) worker, who challenged her employer through the British courts after facing a disciplinary action of unpaid suspension from work in 2006 for refusing to take off her cross necklacin 2006 for refusing to take off her cross necklace.

Critics of the government's action point out that in some cases, «the proprietors of the targeted websites were not given advance notice of the action, and had no opportunity to challenge the seizure in court.»

And if all of this is not enough to make the case significant, it also may reveal the justices» views on presidential power and immigration that could be relevant to other issues pending in the lower courts, such as President Trump's repeal of the Deferred Action for Childhood Arrivals program and the challenges to President Trump's threatening to withhold federal funds from cities and states that do not cooperate with immigration officials.

The civil tribunal in charge of patent enforcement actions shall review and make a decision on the patent validity issue if the defendant raises challenges therefor; however, the civil court's decision on the patent validity will only have binding effect between the concerned parties to the litigation.

Under the Supreme Court's standard, a claim for retaliation is now actionable where a plaintiff shows that a reasonable employee would have found the challenged action materially adverse, «which in this context means it well might have «dissuaded a reasonable worker from making or supporting a charge of discrimination.»»